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The Making of Law

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The Making of Law Sociology of Law w/ Ellis Godard @ CSUN The Making of Law Legislative, Administrative, Judicial … and Social Sociology of Law w/ Ellis Godard @ CSUN 1 Sociology of Law w/ Ellis Godard @ CSUN 2 Admin Models Sources Books/Action What’sAdmin Models the bestSources aspect Books/Actionof Administrative Matters the class so far? Keep up with reading – quiz soon 1. Time & Day Check grade sheet tonight 2. Texts 3. Instructor Still missing codenames (no intakes) 4. Comfy seating Some rows will be grey (no headshot) 5. Clickers Sociology of Law w/ Ellis Godard @ CSUN 3 Sociology of Law w/ Ellis Godard @ CSUN 4 AdminQ1. HowModels muchSources readingBooks/Action AdminQ2. WhichModels sourceSources of lawBooks/Action was there for today? was not discussed in Vago 1. None 1. Administrative Agencies 2. ~10 pages 2. External Sources 3. ~25 pages 3. Case Geometry 4. 4. ~ 50 pages Judiciary 5. Legislature 5. ~100 pages Sociology of Law w/ Ellis Godard @ CSUN 5 Sociology of Law w/ Ellis Godard @ CSUN 6 1 Sociology of Law w/ Ellis Godard @ CSUN Admin Models Sources Books/Action Admin Models Sources Books/Action Lecture Outline Jurisprudence vs. Sociology Models of Lawmaking Focus Jurisprudential Normative (what’s right) vs. Empirical (what is) Sociological Statements Sources of Law Declarative (yes/no) vs. Variable (X>Y) Legislation Judiciary Claims made about Administrative Agencies Laws (assuming no variability in behavior) “External” Sources vs. Legal Behavior (inc. the making of laws) Behavior/Geometry Sociology of Law w/ Ellis Godard @ CSUN 7 Sociology of Law w/ Ellis Godard @ CSUN 8 Admin Models Sources Books/Action Admin Models Sources Books/Action Jurisprudential Models Main Sociological Models King/Master Moral Entrepreneur (Interactionist?) Enterprising individual or group (Becker) Realist/Absolutist Marijuana, abortion, immigration Rationalistic (Lay) Functionalist Protect (?) from injurious (?) crime (?) Bohannan – reinstitutionalized customs = Contemporary Jurisprudence, in most areas, Takes up slack of other institutions outside Socialist States Consensual – conflicts are marginal Communitarian (inc. Socialist) Conflict (Marxian, Feminist, et al.) Laws reflect inequality in power & resources Elites use law to maintain their domination Law enhances, perpetuates stratification (Chambliss) Sociology of Law w/ Ellis Godard @ CSUN 9 Sociology of Law w/ Ellis Godard @ CSUN 10 AdminQ3. WhichModels modelSources haveBooks/Action I Admin Models Sources Books/Action not described today? Legislation 1. Conflict 2. Functionalist Deliberate creation of precepts into 3. Geometric documents by a governmental body 4. Interactionist Unlike judicial pronouncements 5. Jurisprudential Pro-active vs. reactive Stated vs. argued Procedural vs. normative Final vs. provisional Can disaggregate, by stages & agents Sociology of Law w/ Ellis Godard @ CSUN 11 Sociology of Law w/ Ellis Godard @ CSUN 12 2 Sociology of Law w/ Ellis Godard @ CSUN Admin Models Sources Books/Action Admin Models Sources Books/Action Legislative Stages Legislatures Instigation & publicizing of problem Participants By whom? For whom? When? Legislators – vis-à-vis executive, etc. Lobbyists Information gathering Organization Formulation Formal vs. informal Interests aggregation Purpose/Perspective Mobilization Integration Functionalist? Interactionist? Modification Conflict management Functionalist? Marxist? Sociology of Law w/ Ellis Godard @ CSUN 13 Sociology of Law w/ Ellis Godard @ CSUN 14 Admin Models Sources Books/Action Admin Models Sources Books/Action Judicial Lawmaking Q4. Vago discusses all but what about administrative agencies? Statutes 1. Adjudication Interpret legislation Precedents 2. Investigation Stare decisis (stand by what’s decided) 3. Organization Under common law, case law But not permanent, linear trajectory 4. Rule-making Esp given external sources 5. Socialization Constitutions More federal than in state (though states have) Appellate (appeals) Oft directed at agencies, not individuals Sociology of Law w/ Ellis Godard @ CSUN 15 Admin Models Sources Books/Action Admin Models Sources Books/Action Administrative Agencies Sidebar on Socialization Organization & origin Adversaries (defendants, suit filers, etc.) At federal level, derived from Congress Lawyers Process.. Law School Investigation Judges Inspections Law enforcement Hearings Licensing Prison Guards Rulemaking Mass Media Prospective (like legislation) Administrative Agencies Flexible Bureaucratic momentum Adjudication Reactive (like judiciary) “Draining the swamp” / “Deep State” Sociology of Law w/ Ellis Godard @ CSUN 17 Sociology of Law w/ Ellis Godard @ CSUN 18 3 Sociology of Law w/ Ellis Godard @ CSUN Admin Models Sources Books/Action Admin Models Sources Books/Action “External” Influences Making Law: On the Books Publics Four perspectives on making law Jurisprudential Public Opinion Functionalism Protest Activity Conflict Social Movements Interactionist (Public) Interest Groups All ignore sociological reality of legal behavior All address the content of the law Other Institutions All address inequalities as deviant and errant Mass Media But inequality (and deviance) are natural – social facts Religion “Sociology of law” ought to explain what happens what people/groups/etc do, etc. Academia Social Science / Scholarship Sociology of Law w/ Ellis Godard @ CSUN 19 Sociology of Law w/ Ellis Godard @ CSUN 20 Admin Models Sources Books/Action Q5. How many backgrounds did I Making Law: In Action use during lecture today? Variation in Action A. 2 Law is “made” (or not) contextually/situational Can count law, as a quantity – more or less B. 3 Distribution is orderable/explainable Occurs more in some contexts than in others e.g. relational distance – 1 of 5 dimensions C. 4 Social Geometry is one way to order that variation If understand order, can change it D. 5 “Make” more or less law for your purposes Powerful do it all the time, or try E. 6 You can, too - & be better at it! Sociology of Law w/ Ellis Godard @ CSUN 21 The Sociology of Law w/ Ellis Godard @ CSUN 24 Admin Models Sources Books/Action Team Scores Points Team Points Team 4 Texts(1) 3 Comfy seating 3 Instructor 2.49 Instructor(1) 2.47 Time & Day(1) Sociology of Law w/ Ellis Godard @ CSUN 25 4.
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